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June 17, 2022

Proposal to Remove Restrictions on Labeling Wines Containing Added Distilled Spirits

We continue to seek new opportunities to reduce burden on industry members. This week, we issued a notice proposing to amend our wine labeling and advertising regulations to remove an existing regulatory prohibition against statements indicating that a wine contains distilled spirits. See Notice No. 211, Proposal Regarding Labeling Wines Containing Added Distilled Spirits, published in the Federal Register on June 13, 2022. 

This proposed deregulatory action provides guidance as to how wine makers and importers may use such statements to provide additional, non-misleading information to consumers about these types of wines. This rulemaking to modernize the wine labeling requirements is also consistent with the Treasury Department’s recommendations in its February 2021 report on competition. 

To view all documents and comments received related to this notice of proposed rulemaking, see Docket No. TTB­–2022–0005 at Regulations.gov.  See Notice No. 211 for complete instructions on how and where to comment.

To comment electronically, use the Regulations.gov comment form for this notice.

Comments are due by August 12, 2022.

FAQ on Digital Media Items Distributed by Industry Members

We recently published frequently asked question (FAQ) AD1: Are branded digital media items distributed by industry members subject to advertising regulations under the FAA Act?

Branded digital media items (such as digital works of art or other images or written materials) that are published or disseminated through electronic media, including items associated with transfers of non-fungible tokens (NFTs), may be subject to TTB’s advertising regulations, assuming all of the elements of the statute are met.

If the advertisements are electronic forms of consumer specialty items (a term that traditionally includes consumer items such as t-shirts and refrigerator magnets), the only mandatory information necessary is the company name of the responsible advertiser or the brand name of the product.  See 27 CFR 4.62(c)(2), 5.233(e)(2), and 7.233(c)(2). These advertisements may not include statements or representations that violate the prohibited practices regulations for advertisements.  See 27 CFR 4.64, 5.235, and 7.235.

What's Trending on TTB.gov: Distilled Spirits

• Penalties for Illegal Distilling
• Conversion Tables
• Distilled Spirits Labeling
• Distilled Spirits Permits
• Basic Mandatory Labeling Information for Distilled Spirits

Upcoming TTB Outreach Activities

• June 19-22: 2022 NCSLA Annual Conference
• July 10-11: 2022 American Beverage Licensees Annual Meeting
• July 21-24: American Craft Spirits Association Annual Convention
• August 2-3: 2022 NSSF Annual Import/Export Conference
• August 22-23: MeadCon 2022

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